Litigation & Arbitration in Montana & Texas

Construction disputes end up in one of two rooms: a courtroom or an arbitration hearing. Meyer | Shumrick works in both. We litigate and arbitrate construction and commercial disputes across Montana and Texas — negligence, defective workmanship, breach of contract, and the insurance coverage fights that usually follow. The subject matter is the same subject matter that runs through the rest of our practice: condominium and townhome defects, earth movement and foundation failures, building envelope and water-intrusion claims, and the contracts behind them.

Who we represent

• Homeowners and property owners pursuing construction defect claims
• HOAs and condominium associations facing defects in common elements — roofs, envelopes, foundations, drainage
• Owners in disputes over earth movement, settlement, and site-preparation failures
• Owners and developers resolving contract, scheduling, and payment disputes
• Parties enforcing — or resisting — arbitration clauses in construction contracts

How we build a case

Litigation is won in the preparation, not the courtroom. Before anyone files anything, we investigate: the contract documents, the change orders, the inspection reports, the photographs, and — where the building itself is the evidence — the experts who can open a wall or a foundation and explain what went wrong. Every case is prepared as if it goes to trial, because the cases prepared that way are the ones that settle well. Most of our matters resolve before a verdict, through negotiation or mediation, precisely because the other side can see what the trial would look like. When a case does need a courtroom, we try it.

Arbitration

Many construction contracts route disputes to private arbitration instead of court. That changes the strategy, not the substance: arbitration has its own rules of procedure, its own discovery limits, and its own tactical traps. Often the first fight is about the forum itself — whether the clause covers the dispute, whether it can be enforced, and whether a party that litigated too long has waived its right to arbitrate at all. Montana's courts have had recent things to say on that last question. We represent clients through the entire arc: compelling or resisting arbitration, trying the case to the arbitrator, and confirming or challenging the award afterward.

Where insurance fits

In construction cases, the recovery often depends less on who was at fault than on whose insurance responds. Builders dissolve; policies remain. We press the coverage angles that make judgments collectible — additional-insured obligations, a carrier's duty to defend, and the coverage positions insurers take when a defect claim lands on their desk. It is a parallel track we run alongside the merits, from the first demand letter forward.

Deadlines run whether you act or not

Construction claims in Montana run on two clocks: a statute of limitations that starts when you discover the problem, and a statute of repose that runs whether you know about the problem or not. Texas has its own versions of both. Which clock controls — and how much of it is left — is one of the first questions we answer in any case evaluation, and it is the reason to call before a problem ages.

Before the dispute

Not every conflict needs a complaint. We advise clients on pre-dispute strategy — positioning a claim before it hardens, preserving evidence, and structuring demands so that resolution stays possible — and we provide transactional advice on construction-related contracts so the next project generates fewer disputes than the last one.

Our clients' objectives drive the strategy: sometimes that means a fast, quiet resolution, and sometimes it means a verdict. If you are headed toward either, talk to us early.

Discuss your case — or call (406) 219-8422 / email meyer@meyerconstructionlaw.com.